Remembering A Shameful Moment
In The State Legislature

Three weeks ago, in an item titled “Truth In Politics, Commuter Tax Repeal,” I was critical of one point in Queens Borough President Helen Marshall’s Proposed Reallocation Package to the Mayor’s Budget. The criticism of my friend Helen, a woman I’ve known and admired for more than 40 years, was not in her desire to have the State Legislature create new revenue streams for the City or to reprioritize where funds are allotted. As a matter of fact, I agree with much that Helen wanted — restorations of budget cuts to the Board of Education and the Queens libraries.

However, as I pointed out in my column on April 11, the largest portion of the increased revenue advocated by Marshall, some $453 million, would come from the re-enactment of the NYC commuter tax eliminated by the State Legislature in 1999.

Marshall’s document said: “The Commuter Tax, a tax imposed on wages earned by New Yorkers who commute to work into each of the five boroughs, was eliminated in May of 1999 by Governor George E. Pataki.”

As one who yelled and screamed as the tax was being repealed, I saw a different devil than the Governor. Sure the Guv signed the bill that was passed by both houses of the State Legislature.

However, one of those houses, for as long as I can remember, has been the Democratically controlled protector of downstate. Yes, for the entire modern political history of this State, New York City’s interest was always handled by the Assembly with a clear Democratic majority.

Our warped political redistricting system allows these politicos, every ten years, to redraw the lines of their houses so that the Assembly becomes more solidly Democratic and the Senate remains clearly controlled by the Republicans. And thinking back four decades — and probably more — it was a Dem Assembly and a Republican Senate. And unless the court or a miracle intervenes, it shall likely remain the same for the next decade.

Why? Because the system is terrible.

It allows self-serving politicians to negotiate what is in their own interest and the interest of elected officials while not considering the people of the State. And that is exactly what is happening in this years’ redistricting . . . an obscene political dance that occurs every ten years.

And the dancemeisters, Democratic Assembly Speaker Sheldon Silver from Manhattan and Upstate Republican Senate Majority Leader Joe Bruno don’t really care about anything but staying in power. Silver and his Dem crew allow the Republican Senate to draw new lines just to protect the Republican members, a majority of the Senate, even though there is clearly a majority of Democrats in the State. In exchange, Silver has total say over his Assembly and protects his members who in turn reelect him.

By way of explanation, the redistricting requires both houses to agree on the new lines for each house. If Silver said “no” to Bruno, (or visa versa) or the Governor vetoed the politically vacuous deal, the whole thing could wind up with a court-appointed master who might consider the people or something other than the reelection of the present guys. Then again, he might not, but I’d take the gamble.

Well, this whole rant was to explain: Dems, Assembly, downstate; Republicans, Senate, upstate. That’s the way it’s been. That apparently is the way it will be.

The Commuter Tax

During these economically difficult post 9-11 times, many from New York City have been, like Helen Marshall, calling for the reinstatement of the “Commuter Tax.” A small tax charged to non-City residents who work in the City. The rationale was simple . . . these folks who used the infrastructure of the City to earn their living, weren’t paying an income tax to maintain that infrastructure, so in 1966 the legislature introduced the tax. It existed from 1966 to 1999.

Marshall, in her April budget proposals calling for the reinstatement of the commuter tax, clearly blamed the Governor for the repeal of the tax.

I yelled boshwabble!!! Certainly the Governor could have vetoed the legislation passed by both houses, but why? The Democratically-controlled Assembly and their downstate New York City Speaker supported it.

I yelled loudly in 1999 but Shelly Silver was blindly leading his members to the edge of the cliff in some absurd failed political deal. And as a result of Silver and those Dems who voted with him, the City lost the Commuter Tax and somewhere between $400 and $500 million each and every year.

Now Helen and many others want it back.

It ain’t gonna happen . . . not this year . . . not during an election. The Mayor knows it. The Governor has said it. Joe Bruno is laughing.

And whose fault is it? Assembly Speaker Sheldon Silver and those downstate members who gave away the candy stores. Shame on them.

I remember in 1999 chatting with then-Assembly newcomer Mike Cohen about the vote back then. Now, Mike is a wonderful Assembly member. He cares, he’s honest, he’s hard working. Mike Cohen is committed to doing the best he can for his Forest Hills District. I believe that. But Mike, like many others, was afraid of the retribution of Speaker Silver if – as an Assembly newcomer – he didn’t follow him on the Commuter Tax vote.

I don’t believe there was a single NYC Assembly member that believed the Commuter Tax repeal was in the best interest of our City or State. However, Silver got an awful lot of them to vote for it. Silver had to use threats, deals and promises to get some honorable people like Mike Cohen to sell out this City. I told Mike back then it would haunt him for a long, long time. Well Mike, my friend, the City needs the bucks for the schools and we don’t have them. Thanx!

I remember when my friend Audrey Pheffer declared for Queens Borough President.

“No way,” I said. She voted to repeal the Commuter Tax. I’ve known Audrey forever. I have a great deal of affection for her. However she, like many others, sold out our City because the Speaker told her to.

I think highly of Cathy Nolan and have come to admire Bill Scarborough in recent years. However, I find it hard to dismiss their repeal votes.

Marge Markey and Vivian Cook will be reelected (that’s the system) but still have a lot of work to prove to this writer that they can act independently in the best interest of the voters.

On the other hand, my friends Brian McLaughlin, Nettie Mayersahn, Mark Weprin and Ivan Lafayette stood up to the Speaker and voted no repeal. Ann Carrozza and Jeff Aubry reinforced my belief that the people came first to them. I’ve never met Barbara Clark, but I thank her for her courageous, principled stance. And although I often don’t agree with Tony Seminerio, he stood up and was counted on this important issue.

The people of this borough should remember and thank them.

This was, in this writer’s opinion, the single vote most indicative of an Assembly member’s ability to stand with the people and not politics.

Our borough sadly did not show well back three years ago. With 16 Assembly members, seven voted “yes” to repeal the Commuter Tax and nine had the courage to stand up to the Speaker and vote “no.” They cared about our City and not political deals.

We are not recommending one-issue voters.

We are not advocating the defeat of those Assembly members who voted to repeal the Commuter Tax.

It wouldn’t happen anyway.

However, we do believe they are responsible for their vote and the people should know. When you encounter a member of the Assembly, ask them how they voted. If they are one of the seven who stood with the devil, tell them what you think. If they voted the right way, remember to thank them.

The vote in 1999 of Queens Members:

Dist  Member                              Vote

23  Audrey Pheffer                       Yes
 24  Mark Weprin                           No
 25  Brian McLaughlin                     No
 26  Ann Carrozza                          No
 27  Nettie Mayersonn                    No
 28  Michael Cohen                        Yes
 29  William Scarborough                Yes
 30  Marge Markey                         Yes
 31  Pauline-Rhodd Cummings        Yes
 32  Vivian Cook                             Yes
 33  Barbara Clark                           No
 34 Ivan Lafayette                            No
 35  Jeffrion Aubry                           No
 36  Denis Butler                             No
 37  Cathy Nolan                             Yes
 38  Anthony Seminerio                   No

(Yes = to repeal the Commuter Tax)

And to my friend the Borough President of Queens, if we don’t get the money to build our schools or keep our libraries open, remember that your party, and your Speaker, and our friends, sold our City down the river three years ago. And because of them, we’ll be paddling upstream for some time to come.

Stay tuned.

Stavisky v. Harrison Round II:
15 Years Later

  It’s going to be a long hot summer. Even though this writer has trouble believing it, former Assemblywoman, recently term-limited Councilwoman, Democratic District Leader and controversial octogenarian Julia Harrison has announced she’s running for the State Senate against incumbent State Senator and District Leader Toby Stavisky.

Harrison told the Trib Monday that she’s teaming with frequent candidate Ethel Chen who is running for the newly-created 22nd Assembly District in Flushing and they will field candidates for District Leader in each of the four new Democratic slots as well as State Committee.

Last week Harrison was up to her usual outspoken antics when a reporter called her to

find out if she really planned to make the run against Stavisky in the  September Dem Primary.

She has told the Tribune in the past that, “As long as my mind still works, I’ll keep that door open to me,” and possibly run for another office. Who better for her to run against than Stavisky, for whom she clearly has no love? Harrison has criticized Stavisky in the media constantly, saying she only won her seat because her husband Leonard Stavisky died while in office.

The two had squared off previously in  a bitter 1986 election when Harrison beat Stavisky for the Council. This time, Stavisky will have the advantage of incumbency coupled with the potent political operation of the Parkside Consulting Group owned in part by   her Democratic co-leader and son Evan.

Julia Harrison

The 16th District that the two will run in reflects the creative map work of the Republican Senate redistricters. The gerrymandered Flushing-centered crab-like district which has tentacles stretching from Forest Hills to Bay Terrace and from LaGuardia Airport to Hollis Hills is only partially similar to the areas represented previously by the two women.

The thought of another knock-down, drag-out, all-or-nothing Harrison-Stavisky battle was mouth-watering to our political junkie reporter who called Harrison last week to say that she had “heard a rumor” and wondered if it was true.

Before the reporter could elaborate, Harrison quickly said, “Look, all I can say, honey, is that my club is going to have a meeting Saturday, and then I can tell you anything you want.” When it became clear that Harrison would not offer any more information, the reporter asked jokingly, “So, I guess you know what the rumor is?”

Harrison, the ever-eloquent and outspoken senior citizen politician, laughed, and said, “Oh, shit, yes.”

Monday, Harrison confirmed that she’s running against Stavisky. The race is on and it’s going to be a hot one in Queens.

Stay tuned.

Column contributor: Angela Montefinise

Not4Publication.com by Dom Nunziato

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Michael Schenkler can be reached at: MSchenkler@queenspress.com